Yukon Environmental and Socio-economic Assessment Act (S.C. 2003, c. 7)

Act current to 2017-12-11 and last amended on 2015-06-18. Previous Versions

Studies and Research

Marginal note:Request for studies or research
  •  (1) At the request of the federal minister, or at the request of the territorial minister or a first nation and with the consent of the federal minister, or at the request of a first nation or the territorial minister and at its or his or her expense, the executive committee may undertake

    • (a) studies of environmental or socio-economic effects that are cumulative geographically or over time; or

    • (b) research into any aspect of the assessment of activities.

  • Marginal note:Collaboration

    (1.1) With the approval of the ministers and first nations that request or consent to a study or research under subsection (1), the executive committee may conduct the study or research in collaboration with any other body.

  • Marginal note:Agreement

    (2) The executive committee may conclude agreements respecting the terms of reference, scope and scheduling of studies or research with the ministers and first nations that request or consent to them.

  • Marginal note:Obtaining information

    (3) Subject to any other Act of Parliament, territorial law or first nation law, the executive committee may obtain from any first nation, government agency or independent regulatory agency any information in their possession that the executive committee requires for the purpose of conducting a study or research.

  • 2003, c. 7, s. 112;
  • 2015, c. 19, s. 31.
Marginal note:Report of executive committee
  •  (1) The executive committee shall submit a report on the results of a study or of research undertaken under section 112 to the minister or first nation that requested or consented to it and shall, as soon as feasible after submitting the report, make it available to the public. The executive committee may include recommendations in the report.

  • Marginal note:Consideration of report

    (2) The minister or first nation shall give full and fair consideration to any recommendations of the executive committee.

  • 2003, c. 7, s. 113;
  • 2015, c. 19, s. 32.

Violation of Decision Document

Marginal note:Recommendation by Board to decision body
  •  (1) The Board may recommend to a decision body that a public hearing be held by the Board, or another body to be designated by the decision body, if the Board considers that any person or body has violated any of the provisions of a decision document issued by that decision body.

  • Marginal note:Hearing

    (2) If a decision body accepts a recommendation made to it, the Board or the body designated by the decision body shall hold a public hearing with respect to the violation, and may make recommendations to the decision body for the disposition of the matter.

  • Marginal note:Response to recommendation

    (3) A decision body shall respond with written reasons to any recommendation made to it.

Court Jurisdiction

Marginal note:Court reference by Board

 At the request of a designated office, the executive committee, a panel of the Board, a joint panel or a decision body, the Board may refer a question of law or jurisdiction arising in any proceedings under this Act to the Supreme Court of Yukon.

  • 2003, c. 7, ss. 115, 133(E).
Marginal note:Application for judicial review

 Notwithstanding the exclusive jurisdiction referred to in section 18 of the Federal Courts Act, the Attorney General of Canada, the territorial minister or anyone directly affected by the matter in respect of which relief is sought may make an application to the Supreme Court of Yukon for any relief against the Board, a designated office, the executive committee, a panel of the Board, a joint panel or a decision body, by way of an injunction or declaration or by way of an order in the nature of certiorari, mandamus, quo warranto or prohibition.

  • 2003, c. 7, ss. 116, 132.

Maintenance of Records and Public Access

Marginal note:Records of Board and designated offices

 The Board and each designated office shall maintain

  • (a) a document indicating the boundaries of assessment districts and the location of the designated office for each assessment district;

  • (b) copies of any by-laws and rules that are in force under this Act;

  • (c) a record of the results of project audits and effects monitoring;

  • (d) reports of studies and research undertaken under section 112; and

  • (e) descriptions of any standard mitigative measures developed under section 37.

Marginal note:Records of Board

 The Board shall maintain

  • (a) a register containing all documents that are produced, collected or received by the executive committee, panels of the Board and joint panels in relation to assessments, together with any documents provided to them under subsection 91(1);

  • (b) a list of the projects, existing projects, other activities and plans for which an assessment is pending before, or has been completed by, the designated offices, the executive committee, panels of the Board and joint panels, together with their location and stage of assessment; and

  • (c) a record of authorizations, grants of interest in land and provisions of financial assistance in respect of which the Board has been notified under section 89.

  • 2003, c. 7, s. 118;
  • 2015, c. 19, s. 33(E).
Marginal note:Records of designated office

 Each designated office shall maintain

  • (a) a register containing all documents that are produced, collected or received by it in relation to assessments and a copy of all documents referred to in paragraph 118(a) that relate to projects located in its assessment district, together with any documents provided to it under subsection 91(1); and

  • (b) a list of the projects, existing projects and plans in its assessment district for which assessments are pending or have been completed, together with their location and stage of assessment.

Marginal note:Public access
  •  (1) Any person has the right to inspect the registers and records referred to in sections 117 to 119 during normal business hours.

  • Marginal note:Information kept

    (2) The Board and the designated offices shall keep their registers and records in a manner that facilitates public access to them.

Marginal note:Information held in confidence

 Notwithstanding any other provision of this Part, the executive committee, the designated offices, panels of the Board and decision bodies may not disclose

  • (a) traditional knowledge that is determined to be confidential under the applicable rules and that is provided in confidence to them for the purposes of this Act; or

  • (b) information to any person or body that a government institution, within the meaning of the Access to Information Act, would not be required to disclose pursuant to a request by that person or body under that Act, unless

    • (i) the provider of the information consents to its disclosure, and

    • (ii) the person or body is not required to disclose the information pursuant to a request under a territorial or first nation law, and agrees to keep the information confidential.

Policy Directions

Marginal note:Minister’s policy directions
  •  (1) The federal minister may, after consultation with the Board, give written policy directions that are binding on the Board with respect to the exercise or performance of any of its powers, duties or functions under this Act.

  • Marginal note:Limitation

    (2) Policy directions do not apply in respect of any proposal for a project that, at the time the directions are given, has been submitted to a designated office, the executive committee or a panel of the Board.

  • Marginal note:Publication

    (3) Immediately after giving a policy direction to the Board, the federal minister shall cause a notice to be published in the Canada Gazette stating that the direction will be published by the Board on its Internet site. Immediately after receiving the direction, the Board shall publish them on its Internet site and may also make it accessible by any other means that the Board considers appropriate.

  • Marginal note:Statutory Instruments Act

    (4) Sections 3, 5 and 11 of the Statutory Instruments Act do not apply in respect of the policy directions.

  • 2015, c. 19, s. 34.
 
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